Flavored Tobacco and E-Cigarette Products

PROPOSED CHANGE TO CITY CODE REGARDING FLAVORED TOBACCO AND VAPES

The City of Monterey has approved an amendment to current city code that bans the sale of all flavored tobacco products and all flavored vape products from all establishments within city limits, with one exemption for the continued on-site consumption of flavored shisha tobacco at the existing hookah lounge. As a coastal community particularly concerned with preserving our natural environment, this amendment will also ban the sale of all single-use disposable e-cigarette devices.

BACKGROUND

In 2019, more than 5.2 million young people in the United States reported current vape use, including 27.5% of high school students and 10.5% of middle school students. Vape, or e-cigarette, use has been on the rise since the early 2010s, replacing cigarettes as the tobacco product of choice for teenagers nationwide. Many city and states are mobilizing to combat this growing epidemic among youth, including the state of California which passed Senate Bill 793 in August of 2020. A referendum on the law has since placed it on the November 2022 general election ballot, however cities are free to implement their own policies to limit access to these products and Monterey intends to take action.

While e-cigarette producers tout electronic nicotine delivery systems (ENDS) as a healthier alternative for nicotine-addicted adults seeking to reduce their tobacco use, opponents argue ENDS products are marketed towards youth - with fruit and candy flavors and bright, colorful packaging - to hook a whole new generation on addictive tobacco products. In addition to nicotine, vape liquid (also called e-juice) has been found to contain harmful chemicals like lead and formaldehyde. E-juice typically includes cannabis or nicotine, both of which prevent healthy brain development in youth and increase the chances of developing an addiction to tobacco and other harmful substances later in life. Studies have shown that once addicted, teens will turn to other available flavored tobacco products, such as menthol cigarettes or flavored cigarillos, in the absence of flavored vape products.

In addition to the impact these products have on our youth, the components from electronic cigarettes are harmful to the environment. E-cigarette waste is particularly hazardous for the environment due to the bio-chemical waste from the nicotine cartridge and the electronic waste from the battery in addition to the single-use plastic waste from the device casing and pods. Nicotine salts, heavy metals, lead, mercury, and flammable lithium-ion batteries have all been shown to have adverse impacts on waterways, soil, and wildlife. In addition, FEMA released a report on the severity and frequency of e-cigarette battery explosions, describing the consequences for consumers and the environment. While these hazards pertain to all ENDS, the use of single-use disposable e-cigarettes has increased 1000% among high school students between 2019 and 2020. Should that trend continue, these products would have a significant negative impact on our youth and our esteemed natural environment.

Check out related information in the "Important Links" and "Documents" sections.

SUMMARY OF PUBLIC HEARINGS

This initiative was presented to the public for thoughts and feedback during two virtual town hall meetings at 7pm on Monday, April 25, 2022 and 11am on Tuesday, April 26, 2022. The recordings have been added to the News Feed section below.

On Tuesday, June 21, 2022 and Wednesday, June 29, 2022, the first reading of the ordinance took place at a regular and special City Council meeting. City Council requested that staff provide additional information on the use of flavored hookah tobacco.

The second agenda reading to City Council took place on Tuesday, July 19, 2022 during the 4pm session and a new draft of the ordinance was presented to council which creates an exemption for on-site consumption of flavored shisha tobacco at Monterey's existing hookah lounge.

The final agenda reading to City Council took place on Tuesday, August 3, 2022 during the 4pm session and the ordinance was passed unanimously.